Welcome to BANDAI NAMCO Entertainment Europe!
TABLE OF CONTENTS
- 1. Agreement to Terms
- 2. Account
- 3. Termination or Cancellation of Services and Accounts
- 4. Content
- 5. Content and Service Availability
- 6. Intellectual Property Rights
- 7. Code of Conduct
- 8. Services Not Controlled by BNEE
- 9. Software, Utilities, and Tools
- 10. Updates to Services
- 11. Limitations on Warranty and Liability
- 12. Indemnification
- 13. Links to Third-Party Sites
- 14. General Terms
1. Agreement to Terms
1.5 The Services are provided by BNEE. If you have any questions, comments, or complaints regarding this agreement, the Services or desire further information on use of the Services, you may visit BNEE’s customer support web page at http://www.bandainamcoent.eu/support or write to us at: Landmark House – Hammersmith Bridge Road – London W6 9EJ –UK.
3. Termination or Cancellation of Services and Accounts
3.1 BNEE may terminate any Service at any time by giving you notice of such termination within the time period specified when you joined the particular Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is posted on the applicable Service.
3.3 If your account, or a particular subscription for a BNEE Service associated with your account, is terminated, and/or if any Content accessible by you are selectively removed, revoked or garnished from your Account, no refund will be granted; no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your account or Content associated with your account or the particular Service (such as points, tokens or other digital items). If you believe that any action has been taken against your Account in error, please contact BNEE’s Customer Service Department at http://www.bandainamcoent.eu/support.
3.5 BNEE reserves the right to collect fees, surcharges, or costs incurred before that you proceed to the cancelation of your account or a subscription to a BNEE Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with BNEE Services must be settled before you establish a new account.
4.1 “Content” on the Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from the Services, as well as the design and appearance of our websites. Content may be provided by you or third parties, including other users of the Services (“User Generated Content”). To the extent that you create any User Generated Content, you grant to BNEE a royalty free, exclusive, worldwide, sublicensable, perpetual, irrevocable license to quote, re-post, use, reproduce, modify, create derivative works from (including inclusion of your User Generated Content in future Services and other products offered by BNEE), syndicate, license, print, sublicense, distribute, transmit, broadcast, otherwise communicate, and publicly display and perform your User Generated Content, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant BNEE all licenses, consents, and clearances to enable BNEE to use such User Generated Content for these purposes, and you waive, and agree not to assert, any moral or similar rights you may have in the User Generated Content to the fullest extent permitted by law. For the purposes of this document, User Generated Content will be deemed to be part of the Content.
4.2 BNEE does not pre-screen all Content and does not endorse, approve, or pre-screen any Content that you and other users may contribute to the Services. You are personally responsible for your use of the Services for all User Generated Content you contribute. Furthermore, you represent and warrant to BNEE that any User Generated Content you contribute to the Services will comply in full with the terms and conditions contained in this document.
4.3 BNEE reserves the right (but has no obligation) to remove, block, edit, move or disable Content that is objectionable to us for any reason. The decision to remove Content at any time is in BNEE’s sole and final discretion. To the maximum extent permitted by applicable law, BNEE does not assume any responsibility or liability for User Generated Content or for any failure to or delay in removing any Content. IF YOU BELIEVE THAT ANY USER GENERATED CONTENT ON THE SERVICES INFRINGES UPON YOUR EXCLUSIVE COPYRIGHTS, PLEASE NOTIFY BNEE PURSUANT TO OUR DIGITAL MILLENNIUM COPYRIGHT ACT POLICY IN SECTION 7 BELOW.
4.4 If the Service on which you contribute User Generated Content permits other users to access and use that User Generated Content as part of the Service, then you also grant all other users of the relevant Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your User Generated Content on or through the relevant Service without further notice, attribution, or compensation to you.
5. Content and Service Availability
5.1 Content may be purchased or acquired only from BNEE or an authorized retailer. BNEE reserves the right to refuse your request(s) to acquire Content, and BNEE reserves the right to limit or block any request to acquire Content for any reason.
5.2 We do not guarantee that any Content or Service will be available at all times or at any given time or that we will continue to offer particular Content or Services for any particular length of time. We reserve the right to change and update Content and Services without notice to you.
6. Intellectual Property Rights
6.1 BNEE respects the intellectual property rights of others. You must have the legal right to upload any User Generated Content to the Services. You may not upload or post any User Generated Content on the Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that Content. BNEE may, without prior notice to you and in its sole judgment, remove User Generated Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of BNEE ‘s or a third party’s intellectual property or other rights, BNEE may terminate your account without notice to you. If your account(s) are terminated, you will lose access to the Services and assets associated with your account (such as points, digital items or tokens).
6.2 BNEE grants you a personal, limited, non-exclusive license to use Content to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. Content and all other intellectual property rights in or on BNEE Services as well as the products and services offered through BNEE Services are owned by BNEE or BNEE’s third party licensors and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from a Service unless you are expressly authorized to do so.
6.4 Making unauthorized copies of Content and/or the Services, including any part thereof, may result in the termination of your account(s), prohibition on use of the Services, and further legal action. Content owners including BNEE may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless BNEE from any unauthorized or illegal conduct by you, or through the use of your account, on the Services.
7. Code of Conduct
7.1 You are responsible for your behaviour when using the Services, including the posting or uploading of any User Generated Content. The following provisions constitute the Code of Conduct to which you must abide if you want to use the Services in any way. Violation of the Code of Conduct may result in suspension or termination of your account and access to the Services. BNEE reserves the right to take any action it deems appropriate to enforce the Code of Conduct.
7.2 In using the Services or accessing any Content, you may not:
- Post, transmit, promote, or distribute Content that is illegal.
- Harass, threaten, embarrass, or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
- Transmit or facilitate distribution of Content that is harmful; abusive; hateful; racially, religiously, or ethnically offensive; vulgar; sexually explicit; defamatory; infringing; invasive of personal privacy or publicity rights; or, in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.
- Use abusive, offensive, or defamatory screen names and/or personas.
- Disrupt the flow of discussion in chat rooms or forums with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- Impersonate another person (including celebrities), indicate falsely that you are a BNEE employee or a representative of BNEE, or attempt to mislead users by indicating that you represent BNEE or any of BNEE ‘s partners or affiliates.
- Attempt to get a password, account information, or other private information from anyone else on the Services.
- Upload any software or Content that you do not own or have permission to freely distribute.
- Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
- Upload files that contain a virus, worm, spyware, time bombs, corrupted data, or other computer programs that may damage, interfere with or disrupt.the Services.
- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
- Improperly use in-game support or complaint buttons or make false reports to BNEE staff.
- Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
- Modify any part of the BNEE Services that BNEE does not specifically authorize you to modify.
- Post or communicate any user’s real-world personal information using a BNEE Service.
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for a BNEE Service.
- Use and communicate exploits to gain unfair advantage in a game.
- Attempt to use BNEE Software on or through any service that is not controlled or authorized by BNEE. Any such use is at your own risk and may subject you to additional or different terms. BNEE takes no responsibility for your use of BNEE Software on or through any service that is not controlled by BNEE.
- Interfere with the ability of others to enjoy use of a Service or take actions that interfere with or materially increase the costs to provide a Service for the enjoyment of all its users.
- Unless expressly authorized by BNEE, you may not sell, buy, trade or otherwise transfer your BNEE account or any personal access to the Services, Content, or any part thereof, including by use of auction websites.
- You may not conduct any activities that violate the laws of any jurisdiction including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, and the distribution of counterfeit software.
7.5 Unless otherwise specified, there is no requirement or expectation that BNEE will monitor or record any online activity on the Services, including communications. However, BNEE reserves the right to monitor and/or record any online activity on the Services and you give BNEE your express consent to monitor and record your activities. BNEE reserves the right to remove any content from any Service at BNEE’s sole discretion. BNEE has no liability for your or any third party’s violation of this Agreement.
7.6 If you encounter another user who is violating any provision of the Code of Conduct, please report this activity to BNEE using the “Help” or “Report Abuse” functions in the relevant Service.
8. Services Not Controlled By BNEE
Some products may give you the option of using BNEE Software on or through a service that is not controlled by BNEE. For example, you may be given the option to play BNEE Software online on servers not owned or controlled by BNEE. BNEE takes no responsibility for your use of BNEE Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-BNEE controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.
9. Software, Utilities and Tools
9.1 BNEE Services may require or allow you to download software, software updates or patches, or other utilities and tools from BNEE or its licensors onto your computer (the “Software”). BNEE grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by BNEE at the time the Software is made available to you. If an End User License Agreement is provided with the Software, your use of the Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software. You may not modify the Software or use it in any way not expressly authorized in writing by BNEE. You understand that BNEE’s introduction of various technologies may not be consistent across all platforms and that the performance of Software and related Services may vary depending on your computer and other equipment.
9.2 From time to time, BNEE may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue use the Software and the Services.
10. Updates to Services
IMPORTANT: BNEE MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF THE SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ACHIEVEMENTS EARNED, COMPLETED, OR UNDER YOUR CONTROL. BNEE RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.
11. Limitations on Warranty and Liability
11.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. THE SERVICES, SOFTWARE, BNEE’S PRODUCTS, AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SOFTWARE OR THE SERVICES. BNEE DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS, OR SERVICES. BNEE PROVIDES THE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BNEE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BNEE OR ITS LICENSORS IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR BNEE ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BNEE, ITS LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES OR USE OF THE SOFTWARE. IN NO CASE SHALL BNEE OR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “BNEE AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BNEE FOR BNEE SERVICES. IN NO CASE SHALL BNEE OR BNEE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, SOFTWARE, THE INTERNET, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ACCOUNTS. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE SOFTWARE OR THE SERVICES. BNEE DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, GOODS OR SERVICES.
11.3 BECAUSE SOME COUNTRIES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR JURISDICTIONS, BNEE’S AND BNEE AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. BNEE DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BNEE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Links to Third-Party Sites
The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. BNEE does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
14. General Terms